Mr. Tobias Schlueter serves as Co-Chair of Ogletree’s nationwide Unfair Competition and Trade Secrets Group. He is also a member of Ogletree’s Professional Development Steering Committee, responsible for guiding the firm in creating and systematically implementing professional development programs and initiatives.
Mr. Schlueter is a strategic advocate and litigator for businesses in employment (including discrimination, retaliation, wage & hour, ADA, FMLA etc.) and unfair competition matters (including restrictive covenants (non-compete, non-solicit and confidentiality), trade secrets, duties of loyalty, tortious interference, and conspiracy, etc.).
Mr. Schlueter has a proven track record in litigating high stakes matters involving temporary restraining orders and other injunctive relief. He also has significant experience trying FINRA arbitration matters.
- J.D., cum laude, The John Marshall Law School, 2002
- B.A., Political Science, Franciscan University, 1996
Admitted to Practice:
- U.S. District Court, Central and Northern Districts of Illinois
- U.S. Court of Appeals, Seventh Circuit
Mr. Schlueter tries cases on behalf of companies in both state and federal courts. In a jury trial in the United States District Court for the Northern District of Illinois, Mr. Schlueter and his team won a directed verdict and dismissal of the plaintiff’s gender discrimination claim at the close of plaintiff’s case-in-chief and then won a complete defense verdict on the plaintiff’s age discrimination claim.
Mr. Schlueter has successfully briefed and argued matters before the Seventh Circuit Court of Appeals and Illinois Appellate Courts. Some recent examples include:
- On behalf of a national auto parts supplier, persuaded the Seventh Circuit Court of Appeals to preserve the district court’s summary judgment dismissal of plaintiff’s national origin discrimination and retaliation claims.
- On behalf of an international insurance brokerage, persuaded the Illinois Appellate Court to reverse trial court’s ruling on motion to dismiss ruling that client’s restrictive covenant agreement had expired and therefore was unenforceable.
In addition to ongoing counseling, drafting and reviewing agreements and matters involving restrictive covenants and confidential information for companies and executives, Mr. Schlueter has a proven track record in high stakes litigation, including temporary restraining orders and preliminary injunctions in connection with restrictive covenants and claims of misappropriation of trade secrets; retaliation; tortious interference; breach of fiduciary duty; and unfair competition. Some examples include:
- On behalf of a medical products company, obtained a TRO based on the inevitable disclosure doctrine in the Circuit Court of Lake County, Illinois restraining a high-level salesperson from working for a competitor. After several contentious hearings and associated briefing, the matter resulted in a consent order and decree, providing, among other restrictions, that the employee could not work for the competitor for a significant term.
- On behalf of an employee hired by a medical device company, defeated a TRO in the Circuit Court of Cook County, Illinois as it related to employee’s agreement with his former employer and competitor.
- On behalf of a national company, won a TRO in the United States District Court for the Northern District of Illinois restraining a key employee and inventor from working for a competitor. The TRO protected the confidential and trade secret information of one of the company’s business divisions that produced over $30,000,000 in sales in 2008.
Mr. Schlueter has extensive class action defense experience, including with respect to removals under the Class Action Fairness Act. Some examples include:
- Member of team that defended for-profit education company in class action asserting violations of the Fair Labor Standards Act with respect to payment of overtime compensation.
- Key member of legal team that successfully defended a multinational retailer against a national collective action brought by the Equal Employment Opportunity Commission alleging violations of the Americans with Disabilities Act.
- American Bar Association
- Catholic Charities Junior Board (former)
- Waterleaf Women’s Center (Board Member)
- Saints Peter & Paul School (School Board Member and current President (2013-present))
- Saints Peter & Paul Catholic Church (Parish Council Member and past Vice President (2013-2017))
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